William Thompkins, J v. Randy Pfist, 2012 U.S. App. LEXIS 22005

In 1980, Gerald Holton and Arthur Sheppard were murdered in Cook County, Illinois; both were bound and shot, with Holton's body found in a ditch and Sheppard's body nearby.
Pamela Thompkins confessed to assisting in a robbery that led to the murders; Willie Thompkins, Jr. confessed after Miranda warnings.
Willie Thompkins was tried in 1982; conviction based largely on his confession, eyewitnesses, and physical evidence; sentenced to death.
Postconviction and appellate proceedings occurred in Illinois; Governor commuted death sentences to life; Thompkins pursued federal habeas relief under 28 U.S.C. § 2254.
The district court denied habeas relief; the Seventh Circuit granted review on two issues: Sixth Amendment right to counsel and ineffective assistance for not interviewing witnesses.
Key factual dispute centered on whether Thompkins’s confession occurred before or after a bond hearing, affecting whether counsel was present during interrogation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Thompkins's confession was obtained in violation of the Sixth Amendment.	Thompkins argues right to counsel attached earlier and confession should be suppressed.	State contends confession occurred after initiation and counsel was not violated; admissible.	Denied suppression; confession admissible; right attached at bond hearing, not at arrest.
Whether trial counsel was ineffective for failing to interview certain witnesses.	Counsel should have interviewed Barbara Thompkins and others to present alibis.	Affidavits were not properly submitted under state rule; no prejudice shown.	Affirmed dismissal of ineffective-assistance claim for lack of proper affidavits and lack of prejudice; no reversible error.

Kirby v. Illinois, 406 U.S. 682 (1972) (Sixth Amendment right to counsel attaches at initiation of adversary proceedings)
Rothgery v. Gillespie County, 554 U.S. 191 (2008) (initiation of criminal proceedings triggers Sixth Amendment protections)
Brewer v. Williams, 430 U.S. 387 (1977) (interrogation after advisement requires counsel present absent waiver)
Moran v. Burbine, 475 U.S. 412 (1986) (counsel's presence and waiver considerations in custodial interrogations)
Maine v. Moulton, 474 U.S. 159 (1985) (custodial interrogation and right to counsel; post-arrest interrogation)
United States v. Gouveia, 467 U.S. 180 (1984) (standards for post-arrest interrogation and counsel)
Montejo v. Louisiana, 556 U.S. 778 (2009) (Sixth Amendment counsel waiver and interrogation after initiation)
Edwards v. Arizona, 451 U.S. 477 (1981) (per se right-to-counsel concerns during custodial interrogations)
Strickland v. Washington, 466 U.S. 668 (1984) (test for ineffective assistance of counsel)
Promotor v. Pollard, 628 F.3d 878 (7th Cir. 2010) (procedural default and adequate state grounds in habeas review)
Cone v. Bell, 556 U.S. 449 (2009) (procedural default rules and cause-and-prejudice analysis)